When it comes to taking legal action to pursue compensation in a personal injury claim, victims have to observe strict time limits, known as the Statute of Limitations. While filing claims after the time limits expire can prevent claimants from seeking damages, the seemingly well-defined rules are not as simple as they appear. It is important to talk to a Los Angeles personal injury attorney as soon as possible after an accident to gain an accurate assessment of the time limits for any given claim.

How the California Statute of Limitation Works

Under the California Statute of Limitations, personal injury claims can be filed up to two years from the date of the injury. In some cases, making this determination is relatively easy. For example, a person who sustains a broken leg after tripping over loose carpeting in a restaurant can easily identify that the date of the accident is also the date of the injury. In other cases, the law recognizes that this standard alone can be unfair to injury victims.

California law provides two primary tools that help extend the time limits enough to provide victims with a reasonable chance to file a claim within the time limits:

• Discovery: The statute of limitations recognizes that the accident date is not always the date when the injury was discovered. However, the discovery rule extends only one year past the discovery date. In many situations, accident victims can walk away from an accident without realizing that they have sustained injuries. Certain brain, spine and whiplash injuries are called delayed onset injuries because symptoms do not appear until days, weeks, months or even years after the accident. The term discovery might also apply to situations where the victim only discovered later that the negligence of one or more parties caused the injuries.
• Tolling: Even when the clock starts on a claim, it can be temporarily suspended for a period of time before it begins again. This is known as tolling and it is generally based on the victims' physical or mental ability to file a claim immediately following the incidents that caused their injuries. Minor children are a primary example of when tolling may apply, but it can also happen in cases of insanity or even when victims have to complete prison sentences prior to filing.

Extending the Statute of Limitations Requires Evidence

Courts may offer methods for extending the time limits for filing claims, but the underlying rules are complex — and they do not apply the rules lightly. Obtaining additional time to file requires a personal injury attorney who knows how to develop an evidence-based case that clearly illustrates the victim's need for an extension.

Even when severe injury prevents victims from seeking legal support on the date of the accident, it is important to talk with an attorney at the first possible opportunity. Call The Rudman Law Firm APC toll-free at (844) 478-3626 / (844) 4RUDMAN, at our Los Angeles office (213) 375-3777 or at our Studio City office (818) 769-6969. You can also use our convenient online contact form to reach us at any time.

Disclaimer: This article is intended to provide general information only and it does not constitute legal advice. Readers should not rely on this information to help ascertain whether a statute of limitations may expire for any particular claim.